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New York Consolidated Laws

N.Y. Penal Law § 165.07 (2026)

Unlawful use of secret scientific material

✓ current as of May 2026
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§ 165.07 Unlawful use of secret scientific material.
  A person is guilty of unlawful use of secret scientific material when,
with intent to appropriate to himself or another the use of secret
scientific material, and having no right to do so and no reasonable
ground to believe that he has such right, he makes a tangible
reproduction or representation of such secret scientific material by
means of writing, photographing, drawing, mechanically or electronically
reproducing or recording such secret scientific material.
  Unlawful use of secret scientific material is a class E felony.
Notes of Decisions
Cited in 8 cases, 1982–2019 · leading case: People v. Aleynikov, 31 N.Y.3d 383 (NY 2018).
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People v. Aleynikov, 31 N.Y.3d 383 (NY 2018). · cites it 17× “Following pretrial motion practice and a suppression hearing and ruling not pertinent here, defendant proceeded to a jury trial in Supreme Court in April 2015.”
People v. Aleynikov, 2017 NY Slip Op 449 (N.Y. App. Div. 2017). · cites it 8× “As a result, defendant was charged with unlawful use of secret scientific material (Penal Law § 165.07). After a jury convicted defendant of this crime, the trial court set aside the verdict.”
Sergey Aleynikov v. Goldman Sachs Grp. Inc, 765 F.3d 350 (3rd Cir. 2014). · cites it 2× “6 Penal Law § 165.07; and (2) unlawful duplication of computer-related material in violation of N.”
People v. Russo, 131 Misc. 2d 677 (1986). · cites it 11× “, were indicted for the unlawful use of secret scientific material, a violation of Penal Law § 165.07, in that defendant Frank Russo, "cause[d] a tangible reproduction of secret scientific material, consisting of a computer program” belonging to Stony Brook University Hospital,…”
Stand. & Poor's Corp. v. Commodity Exch., Inc., 541 F. Supp. 1273 (S.D.N.Y. 1982). “” N.Y.Penal Law § 165.07 (McKinney 1975). The New York Court of Appeals, recognizing the importance of preserving the confidentiality of trade secrets, just recently held that though the Public Service Commission must under state statute make all proceedings and records public,…”
People v. Aleynikov, 49 Misc. 3d 286 (N.Y. Sup. Ct. 2015). · cites it 7× “The defendant was charged in this case with one count of unlawful use of secret scientific material in violation of Penal Law § 165.07 for conduct which occurred on June 1, 2009 (count 1), one count alleging a violation of the same statute with respect to conduct which occurred…”
People v. Frank Russo & Stony Brook Sys., Inc., 128 Misc. 2d 876 (1985). “, were indicted for the crime of unlawful use of secret scientific material under Penal Law § 165.07. This section provides: “A person is guilty of unlawful use of secret scientific material when, with intent to appropriate to himself or another the use of secret scientific…”
People v. Aleynikov, 2019 NY Slip Op 7211 (N.Y. App. Div. 2019). · cites it 2× “Defendant argues on appeal that his later New York State prosecution and conviction of unlawful use of secret scientific material (Penal Law § 165.07), based on the same basic conduct — uploading the proprietary source codes to the German server — was barred by CPL 40.”
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